Issue: № 8, 2025
Doi: https://doi.org/10.37634/efp.2025.8.8
The paper addresses the problem of defining the concept of «artificial intelligence» (AI) in Ukrainian law and demonstrates that the absence of a unified legal definition generates normative asymmetry: while legislation already regulates certain outcomes of algorithmic activity, it does not provide a clear notion of the systems that generate them. The study highlights that this gap undermines the consistency of legal regulation, particularly in intellectual property and civil liability. By analyzing existing scholarly approaches to the legal status of AI, three models are identified: the object-based, the subject-based and the mixed approach. The paper critically evaluates their advantages and shortcomings, noting that while the object-based approach remains most suitable for current Ukrainian practice, the subject-based approach reflects ongoing international debates about «electronic personhood», and the mixed model, without clear thresholds for transition, carries significant risks for legal certainty. Special emphasis is placed on the discrepancy between Ukrainian and European approaches. The Concept for the Development of AI in Ukraine (2020) defines AI through a list of technologies, reflecting a programmatic rather than normative approach. In contrast, the European Union’s AI Act (Regulation 2024/1689) constructs its definition around legally significant features – autonomy, adaptability and the legal relevance of outcomes. This difference indicates that Ukraine’s current framework remains descriptive and declarative, whereas European law establishes a functional regulatory model. The paper argues that Ukraine must formulate an evolutionary and legally functional definition of AI, based not on enumerating technical tools but on structural criteria: decision-making autonomy, capacity for learning and adaptation, and the legal significance of system outputs. Such a definition would enable the differentiation of AI from ordinary software, provide a foundation for liability and risk allocation, and ensure the compatibility of Ukrainian law with the European legal space.
Keywords : artificial intelligence, legal regulation, decision-making autonomy, digital law, international experience, AI Act
References:
1. Baranov O.A. Definition of the Term «Artificial Intelligence». Information and Law. 2023. no.1 (44), pp. 32-49.
2. Pizhuk O.I. Artificial Intelligence as One of the Key Drivers of the Digital Transformation of the Economy. Economics, Management and Administration, 2019, no.3 (89), pp. 41-46.
3. Heletska I.O., Shovdra, M.M. Definition of the Concept of «Artificial Intelligence» and its Place in the System of Civil Legislation of Ukraine. Halytski Studii. Legal Sciences, 2024, no.6, pp.13-19.
4. Stefanchuk M.O. Theoretical Foundations of the Civil Legal Personality of Natural Persons and the Peculiarities of Its Exercise: Abstract … Doctor of Legal Sciences: 12.00.03. Kyiv, 2020, 43 p.
5. On the Approval of the Concept for the Development of Artificial Intelligence in Ukraine: Order of the Cabinet of Ministers of Ukraine of December 2., 2020, no.1556-r. Legislation of Ukraine. URL: https://zakon.rada.gov.ua/laws/show/1556-2020-%D1%80
6. Artificial Intelligence Act: Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 on artificial intelligence. Official Journal of the European Union. L 202, 12.07.2024. URL: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32024R1689
7. On Copyright and Related Rights: Law of Ukraine of December 1, 2022, no.2811-IX. Legislation of Ukraine. URL: https://zakon.rada.gov.ua/laws/show/2811-20